The President

Trump's Lawyer Argues Presidents Can't Obstruct Justice

John Dowd told Axios that the Constitution guarantees President Donald Trump can't obstruct justice because he's the chief law enforcement officer.

Trump's Lawyer Argues Presidents Can't Obstruct Justice
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Article by Ryan Biek
SMS
December 4, 2017

The president's personal attorney argues it's impossible for the chief executive to obstruct justice — basically because he's the chief executive. 

In an exclusive interview with Axios, John Dowd claimed the "president cannot obstruct justice because he is the chief law enforcement officer under [the Constitution's Article II] and has every right to express his view of any case." 

The lawyer's comment comes after a questionable Twitter post on the president's @realDonaldTrump account. The tweet said Trump fired former national security adviser Mike Flynn because Flynn lied to the FBI. Dowd later said he wrote that tweet. 

That part, by itself, doesn't make for obstruction of justice, but when combined with an earlier headline, it could.

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Former FBI Director James Comey testified Trump asked him to drop the investigation into Flynn. Experts say if Trump knew Flynn lied to the FBI before he left the administration, asking Comey to stand down could have been obstruction. 

Axios notes Trump's legal team likely wouldn't make this argument if it didn't think a charge could be on the horizon.

But presidential immunity might not be as clear-cut as Dowd makes it sound. During the investigation of President Richard Nixon, a House judiciary committee ruled that Nixon "obstructed and impeded the administration of justice."